Power of Attorney is an effective legal tool to delegate authority in a number of scenarios and transactions. Understanding its functionalities and requirements in Thailand is crucial for individuals and businesses.
Local legislation requires that both the Principal and Agent be legally capacitated, and the instrument must conform to other formal and substantial requisites to be considered valid and enforceable. At Siam Legal, we expertly draft and notarize Power of Attorney documents for both foreigners and Thais alike.
What is a Power of Attorney?
A Power of Attorney (POA) is a legal instrument where the Grantor delegates legal authority to an Agent. Depending on the scope of power, it can be categorized as either General Power of Attorney (GPA) or Special Power of Attorney (SPA).
A well-drafted and properly executed POA can help facilitate a variety of transactions and decisions in Thailand. It is important to seek legal advice to ensure that the document complies with the requirements of Thai law and meets the Grantor’s specific needs.
For a Power of Attorney to be valid, it must be signed by both the Principal and Agent before at least one witness or a notary public. It may also be required to be legalized or notarized by the Embassy of Thailand or Consular Office, depending on the location where it was signed. Siam Legal’s foreign and Thai lawyers can provide consultation for both the Principal and Agent before drafting and notarizing their Power of Attorney.
What is a General Power of Attorney?
A General Power of Attorney authorizes an individual to act on your behalf in a broad range of matters, including registering property, managing bank accounts and filing legal cases. GPAs are more comprehensive in scope than a Special Power of Attorney and therefore require greater legal skill to draft and execute.
GPAs must also conform to formal and substantial fundamentals set forth by law to be considered valid and enforceable in Thailand, and they must be notarized after being signed by the Principal and the Agent. Because of this, Siam Legal strongly recommends that you consult with a foreign and Thai lawyer throughout the process to ensure your POA meets these requirements.
Whether you need to register property, handle legal proceedings or conduct business in Thailand, the effective use of a Power of Attorney can provide valuable assistance and peace of mind. Our lawyers help navigate the complexities and safeguard your interests, drafting a legally sound document that accurately reflects your intentions.
What is a Special Power of Attorney?
Power of Attorney is a legal instrument in which one person, the Agent, is granted broad or limited authority to act on behalf of another, called the Principal. This instrument can be revoked at any time by the Principal and it can also expire upon death or incapacity.
Umpire Legal can help draft your Power of Attorney according to your specific needs. We can draft both a general power of attorney and a special power of attorney which will have a limited scope and a specific duration. Depending on the purpose of your POA, we can also have consultations with you and your agent to ensure that the document is properly drafted and adheres to Thai law.
A power of attorney must conform to all formal and substantial requisites in order for it to be considered valid and enforceable in Thailand, including notarization of the instrument after being signed by both parties. It is important that the document be tailored to the requirements of the institution or office in which you intend to use it.
How do I get a Power of Attorney in Thailand?
The Power of Attorney (POA) is a valuable legal instrument that empowers individuals to delegate decision-making to trusted representatives. It can facilitate many legal, financial and business transactions even when the person giving the POA is not physically present in Thailand.
In Thailand, POAs must be in writing to be valid and must follow government templates for certain specific transactions or matters. The process requires adherence to strict legalities and must conform to specific requisites including notarization of the instrument after signing by both parties in the presence of witnesses and a notary.
Whether you are planning to buy or sell property in Thailand, or require representation on a legal matter or in business operations, a POA is an essential tool that you should have. At Siam Legal, we are able to assist with the preparation of a comprehensive POA that can be tailored to your specific needs, providing consultation for both the Grantor and Agent prior to the drafting of the document.